Bond Reduced For Key Witness In Lenard Clark Beating Case

April 20, 1999

Richard DeSantis, a key prosecution witness who seriously damaged the state's case against three youths on trial last year in the racially-motivated beating of Lenard Clark by disappearing for nearly a year, could be released from custody as early as Tuesday, his attorney said Monday.

Last month, Criminal Court Judge Robert Bertucci barred prosecutors from using a written statement taken from DeSantis, 20, that implicated friends in the beating of Clark in 1997 because police refused to allow DeSantis to see his lawyer before the statement was taken.

Prosecutors are appealing that decision. But in the meantime, state law says that DeSantis' bond, formerly $1 million, had to be reduced to a "reasonable" amount. So Monday, Bertucci lowered the bond to $100,000. DeSantis' family now need only post $10,000 to have him released.

"He'll be getting out and the whole DeSantis family is going to be very, very happy that Richie is home again," said his attorney, James Cutrone. "The Appellate Court will affirm the trial court's suppression order, I'm extremely confident."

DeSantis, who is the prosecution's only alleged eyewitness to the March 21, 1997, beating of Clark, initially gave police statements implicating Frank Caruso Jr., 19, Victor Jasas, 18, and Michael Kwidzinski, 21. All three are white, and Clark is black. DeSantis later recanted.

In spite of DeSantis' disappearance, Caruso was convicted and sentenced to 8 years in prison. Jasas and Kwidzinski both pleaded guilty after Caruso's trial and received probation and community service. Prosecutors had maintained that DeSantis' testimony could have led to tougher sentences.

No new court date has been set, pending the outcome of the appeal, Cutrone said.